The defendant's appeal is dismissed.

1. The summary of the grounds for appeal was that the Defendant’s research institute that the victimized person tried to build as indicated in the instant facts charged (hereinafter “the instant research institute”) based on I (hereinafter “the instant article”) was about the public interest to protect the environmental interest of nearby apartment residents, the right to study of students in neighboring schools, etc. residing by the Defendant, etc.

As the Defendant stated facts for such public interest, even if there is a little difference from truth or somewhat exaggerated expression in detail, such as “the current HF market changed the use of the research institute of this case to industrial facilities on June 2014,” among the instant article, the part that “the research institute of this case changed to industrial facilities,” etc., the entire article of this case is consistent with objective facts, and thus, it cannot be deemed as a statement of false facts.

In addition, the defendant believed that the research institute of this case was a de facto industrial facility that discharges wastewater like a general factory at that time, and therefore there was no awareness about the falsity of the defendant, and there was a considerable reason to believe that the research institute of this case was false.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

2. Determination

A. In order for a crime of defamation to be established by a statement of false facts under Article 307(2) of the Criminal Act, the criminal must publicly indicate the fact, and the fact must be undermined people's social evaluation, which should be false, and the criminal should have been aware that such fact was false (see Supreme Court Decision 9Do4757, Feb. 25, 200, etc.). If the important part here is consistent with objective facts, even if there is a little difference from the truth or a little exaggerated expression, it cannot be viewed as a false fact, but it is judged whether it was a false fact.